JAGDISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 28.12.2015 passed by 1st Additional Sessions Judge, Vidisha in Special Sessions Trial No. 94/2013, by which the appellant has been convicted and sentenced for the following offences:-

(2.) The necessary facts for the disposal of the present appeal in short are that the prosecutrix lodged the FIR.on 22.10.2013 on the allegations that on 17.10.2013 her parents had gone to the field for cutting fodder and she and her younger brother were in the house. At about 10-11 AM she had gone to answer the call of the nature and when she was about to sit after removing her salwar and underwear then somebody caught hold of her from behind and she found that it was the appellant. She asked the appellant to leave but he did not leave her. When she tried to raise an alarm then the appellant gagged her mouth, threw her on the ground. Chain of the pant of the appellant was open and thereafter he committed rape on her and bleeding started from her private part, as a result of which, her pantie and salwar got stained. At that time, her parents were coming back after collecting fodder and after noticing them, the appellant pushed her mother and threatened them that in case if a report is lodged then he would killed her. The prosecutrix also narrated the incident to her mother. As she was afraid, therefore, she did not lodge the report immediately. Yesterday in the night her father had a talk with his Guruji and, accordingly, she lodged a report on 24.10.2013. The police registered Crime No. 312/2013 for offence under Sections 376 and 506 of IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act"). The prosecutrix was sent for medical examination. Spot map was prepared. The appellant was arrested. The statements of the witnesses were recorded and the police after completing the investigation filed a charge-sheet for offence under Sections 376 and 506 of IPC and Section 3/4 of the POCSO Act.

(3.) The Trial Court by order dated 13.01.2014 framed charge under Sections 376(2)(i) , 506 (Part-II) of IPC and Section 4 of POCSO Act